Can the Dog Owner Be Sued Personally Instead of Through Insurance?

Suing the dog owner personally is legally possible but rarely the optimal path. Here’s when it makes sense — and when it doesn’t.

The Short Answer

Yes, but rarely the best path. Under Michigan law, dog owners are personally liable under MCL 287.351 — but in most cases, you’re better off claiming through the owner’s homeowner’s or renter’s insurance. Insurance pays faster, protects the relationship if you know the owner, and avoids collection complications. Personal lawsuits make sense when: the owner has no insurance, the policy excludes the dog/breed, the owner refuses to claim through insurance, or the conduct was intentional.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

Some victims hear about “strict liability” and think they need to sue the dog owner directly — going through court, getting a judgment, collecting from them personally. While that’s legally available, it’s almost always the longer, harder, lower-recovery path. Insurance is usually the better mechanism. Here’s when personal pursuit is the right call.

Standard path: claim through insurance

In most Michigan dog bite cases, the practical recovery path looks like this:

Identify the dog owner and their insurance carrier
Submit the claim to the carrier (typically through your attorney)
Negotiate with the adjuster
Reach a settlement
Receive payment from the insurance company

This typically resolves in 6-18 months and avoids litigation entirely. Most Michigan dog bite cases never have a lawsuit filed.

When personal pursuit makes sense

No insurance at all — see our guide on uninsured owners
Policy excludes the dog or breed — coverage exists but doesn’t cover this specific dog
Policy limits insufficient — a $100,000 policy may be inadequate for a catastrophic injury
Owner refuses to claim through insurance — rare, but happens (worried about premium increase, doesn’t want to admit fault)
Intentional or criminal conduct — insurance typically excludes intentional acts
Punitive damages claim — most insurance policies exclude punitive damages

What personal pursuit involves

Direct lawsuits against the owner involve:

Filing a complaint in Michigan state court
Serving the owner personally
Discovery (interrogatories, depositions, document requests)
Trial, if the case doesn’t settle
Post-judgment collection: wage garnishment, bank levies, property liens

Collection can take years even after a favorable judgment. Michigan judgments are enforceable for 10 years (renewable).

Combining both paths

In many cases, the optimal strategy combines both: pursue the insurance claim first (faster, easier), then pursue the owner personally for any uncovered portion. If the insurance pays $100,000 (policy limit) but the case is worth $250,000, the additional $150,000 may be pursued from the owner personally. Whether that’s worth doing depends on the owner’s financial situation.

What This Means for Your Case

If insurance is available, use it first — it’s faster, cleaner, and typically pays more than you’d collect personally. Personal pursuit is a backup option, not a default. An attorney evaluating your case considers all paths and chooses what gives you the best total recovery.

Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.